ЗАШТИТА ПРАВА НА НУЖНИ ДЕО ПОВРЕЂЕНОГ ПРЕКОМЕРНИМ ПОКЛОНИМА У НАШЕМ ПРАВУ DE LEGE LATA И DE LEGE FERENDA
Protection of the Right to Forced Portion Violated by excessive Donations in the Serbian Legislation de lege lata and de lege ferenda

Summary/Abstract: The right to forced portion may be violated by excessive testamentary distributions or donations which the decedent has made in his lifetime. In that case, forced heirs are entitled to request the settlement of their forced portion. The Inheritance Act provides a detailed regulation on the stages in the proceeding for the protection of the forced portion. As a rule, the forced portion is first settled from the testamentary dispositions; in case the testamentary disposition amount is insufficient, the forced portion is settled from donations. In this paper, the author discusses the settlement of the forced portion from donations under the law of obligations and contract law. The author identifies some disputed issues pertaining to the role of gifts in the violation and settlement of the forced portions, and provides a critical analysis of the current legal solutions. In an attempt to address some of the disputed issues, the author suggests some new solutions de lege ferenda for settling the forced portion from donations.

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